In a surprising turnaround, New York State Police have admitted that they made a mistake when they confiscated the guns and suspended the permit of an Erie County resident on the grounds of mental health.

Late Wednesday, Erie County, NY, released a statement (posted below) blaming the New York State Police for giving them bad information regarding the suspension of a pistol permit and demand to surrender firearms sent to Amherst resident David Lewis.

(Mr. Lewis was not identified in our original story, his name has since been released in conjunction with court documents filed by his attorney, Jim Tresmond.)

Erie County Clerk Chris Jacobs said that late today he received a call from the New York State Police informing him that they had provided information on the wrong person when they notified his office of someone whose permit should be suspended because of the new mental health provisions in New Yorks SAFE Act, the release begins.

When the State Police called to tell us they made a mistake and had the wrong person it become clear that the state did not do their job here and now we all look foolish, the release went on to say in a quote from Clerk Jacobs.

Jacobs appeared on WBEN radio in Buffalo on Thursday morning and explained the details of this administrative debacle. Mr. Jacobs also delivered some pointed comments about how the law was written so badly that mistakes like this were bound to happen. He closed with some fairly damning statements and also asked the state to consider scrapping the bill and re-writing it.

When you write a piece of legislation in a vacuum, without having hearings, without talking to people about how its going to implemented in the real world  without jeopardizing peoples rights, and putting an individual like this through a nightmarish experience, and infringe on their rights, you have to go back to the drawing board, he said. And I encourage the legislative leadership here and mostly our governor to take a step back and say we didnt get it right and lets change this.

Read WBENs full story on Jacobs here.

After the press release was issued by the state, TheBlaze spoke with one of Mr. Lewis attorney, Max Tresmond.

We won round one, he said, round two will be a suit against the state for what they did to our client and his reputation.

Here is the press release admitting to the error in this gun confiscation:

This year will go down in history for the first time a civilized nation has full gun registration. Our streets will be safer, our police more efficient, and the world will follow our lead into the future.

Adolph Hitler (1935 Weapons Act of Nazi Germany)

2
posted on 04/11/2013 11:17:43 AM PDT
by B4Ranch
( There's Two Choices. Stand Up and Be Counted ... Or Line Up and Be Numbered.)

I gather that the newest approach to undermining the 2nd amendment is to have a health “professional” do it. I have known two doctors who were rabidly anti-gun. I’m fairly certain that they’d be more than happy to do it for any list brought to them.

Erie County Clerk Chris Jacobs said that late today he received a call from the New York State Police informing him that they had provided information on the wrong person when they notified his office of someone whose permit should be suspended because of the new mental health provisions in New Yorks SAFE Act, the release begins.

David Lewis was the "wrong person", not because they had the wrong name and address but because he didn't grovel and apologize. He is a real American who stood up for his rights, not a spineless pansy who would bow to the ruling class. Good for him - a new hero when our GOP leaders are showing just how much we need a hero.

5
posted on 04/11/2013 11:18:21 AM PDT
by Pollster1
(A war can only be just if it is fought with a reasonable chance of success.)

I gather that the newest approach to undermining the 2nd amendment is to have a health professional do it. I have known two doctors who were rabidly anti-gun. Im fairly certain that theyd be more than happy to do it for any list brought to them.

Decent Americans need to screen everyone they deal with in health care (actually in all aspects of our lives). (1) Do not go to anyone who does not claim to be pro-gun. (2) Do not trust the claims of those who say they are pro-gun.

NEVER make a statement that the most rabid anti-gun activist could use against you. Those with suicidal thoughts or other concerns need to deal with that problem anonymously or risk the depressing outcome of losing their recreation and their security.

8
posted on 04/11/2013 11:22:48 AM PDT
by Pollster1
(A war can only be just if it is fought with a reasonable chance of success.)

This year will go down in history for the first time a civilized nation has full gun registration. Our streets will be safer, our police more efficient, and the world will follow our lead into the future.

4th Amendment - "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

5th Amendment - "...nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

14th Amendment - "...nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

It may shock a lot of liberals, but statements by media celebrities on NPR, debate in Congress, or anonymous tips to police agencies are NOT due process.

And what is this nonsense about "received a call." Was not the initial charge in writing? Is whoever in the NY state Police who's job it is to perform the formalities not have time to inform the judge, in writing, of the error?

As for all of them looking foolish, the clerk and the judge aren't any more than rubber stamps, anyway. If the police make a false claim, it's not the court's fault. It's certainly not the clerk's fault.

The clerk also gives some cover to the state police, by laying blame on the law. The police can say they thought they were following the law. This is not "mistaken identity" issue, this is an issue of imputing a mental health condition.

If a lawyer had not been hired and this story made public, they would have kept his guns.”

I smell B.S., too. I posted on another thread that I think confiscation of guns using the mental health/psychotropic drug angle is their intention all along. There is a similar provision in the current Senate bill being debated. The NY State Police just began implementing TOO SOON, which brought unwelcome attention to the language in the proposed Federal legislation. The NY State Police were probably ordered to slip back underneath their rocks for a while until all legislation is in place at a federal level.

You will notice that the police statement didn’t say that they did the wrong thing. They just said that they did it to the wrong person.

I feel like I’m off my rocker for thinking this way, but I only use the past track record of our government to generate this hypothesis. These are some devious and evil people we are dealing with, here.

Is he the wrong person because he was not on the medication or because he fought back? “they had provided information on the wrong person when they notified his office of someone whose permit should be suspended because of the new mental health provisions in New Yorks SAFE Act, the release begins.”

As for all of them looking foolish, the clerk and the judge aren't any more than rubber stamps, anyway. If the police make a false claim, it's not the court's fault. It's certainly not the clerk's fault.

Very true. But, if the Judge has not reinstated the permit by now, then they are to be faulted, both clerk and Judge. Now that his name and location are known, every night he goes to bed without his weapons back in his possession is a risk he'll be attacked by someone who knows he's unarmed.

24
posted on 04/11/2013 11:48:59 AM PDT
by Cyber Liberty
(I am a dissident. Will you join me? My name is John....)

“And what is this nonsense about “received a call.” Was not the initial charge in writing? Is whoever in the NY state Police who’s job it is to perform the formalities not have time to inform the judge, in writing, of the error?”

Indeed. Find out who perped this thing, find the signature chain, publish the results, and let those who did this start worrying about starting their cars.

You know, before Obama, we had the same kind of people. In the past, before Obama, we’ve had a govt which thought it could spray us with germs on subways, for goodness sake. We’ve had people left to die of syphilis, and others deprived of rights for thinking the wrong thoughts, or being born with the wrong skin.

ALL of them are prone to evil (or the people behind them are). Our problem is thinking “our” guy (whoever it is or was) is harmless, so let him have the power...

-- But, if the Judge has not reinstated the permit by now, then they are to be faulted, both clerk and Judge. --

I disagree. How does the clerk know the call was bona fide? One reason things are put into writing is to create accountability, another is to make sure that only well-reasoned orders are put into effect. The state police confiscated the firearms after getting a written approval from the judge, not based on a verbal "okay."

Now, the judge may be at fault if the judge is supposed to evaluate the facts behind the confiscate order, and decide if those facts satisfy the elements of the law that provide for confiscation. While judges are immune from suit, they are not immune to ridicule and opprobrium, and eventually, total loss of respect.

I’ve been following this story a few days. From all appearances, the Judge was lightning fast in relieving this fellow of his weapons, so let’s see how quick he is about redressing the wrong that’s been done.

Of course, I assume there’s paperwork, it should take more than a call. But they wrote and issued a Press Release, so somebody is handy with a word processor.

33
posted on 04/11/2013 12:27:42 PM PDT
by Cyber Liberty
(I am a dissident. Will you join me? My name is John....)

This year will go down in history for the first time a civilized nation has full gun registration. Our streets ...

I think that quote may be bogus. I have noticed lately that the Left is planting powerful but bogus quotes on the web, often with fancy graphics. I think they are hoping these will be picked up and repeated by conservatives on various blogs. Then they blast the conservative for posting a bogus quote. It's happened to me a few times recently.

And what is this nonsense about "received a call." Was not the initial charge in writing? Is whoever in the NY state Police who's job it is to perform the formalities not have time to inform the judge, in writing, of the error?

It's hard to tell with what the government is becoming, but I assume they are pretending that the initial report was in writing (I would assume that is a requirement, although perhaps not) and the correction was made by a phone call (paperwork to follow?) to expedite correcting the revolting act of trampling a free American's God-given rights . . . revolting to them because they discovered that the trampled American didn't just lie down and apologize.

36
posted on 04/11/2013 12:39:54 PM PDT
by Pollster1
(A war can only be just if it is fought with a reasonable chance of success.)

Well stated. I agree that there are currently many people with R’s behind their name that are participating in the treachery in our government. After all, without their help (Olympia Snowe comes to mind), the Democrat’s wouldn’t have passed Obamacare!

-- But they wrote and issued a Press Release, so somebody is handy with a word processor. --

Yeah. I think the clerk is trying cover the judge's error. Throwing blame to the State Police. There is nothing to say that both the police and the judge are out of bounds, and I would not be surprised in the least that the bigger liar here is the court.

I know that is a complete reversal of my earlier "don't blame the judge, he's just a rubber stamp." The reversal is based on the judge being responsible to find a basis in law for what the state police are requesting.

Everybody seems to be running around like chickens with their heads cut off, trying to get in front of where they perceive the public to be heading so they can declare themselves “leaders.”

IOW, par for the course with politicians.

And I understand what you were getting at about the Judge. A Judge has a reasonable expectation that Officers of the Court know what they are doing, and won’t punish the Judge by doing stupid things like making up cites. I think the State Police were hot to trot to demonstrate to the rubes they’re in charge, and this Judge is caught in the middle because he believed them. I notice they’re not being very specific about the mechanics of what exactly just happened, just “mistakes were made.”

I think there is wholesale violation of HIPAA going on here, and this story only scratches the surface.

39
posted on 04/11/2013 1:04:13 PM PDT
by Cyber Liberty
(I am a dissident. Will you join me? My name is John....)

[snip] Have a conceal-carry license in Missouri? Chances are, the feds now know who you are. At least 185,000 people were affected after the full list of conceal-carry owners was turned over the federal authorities  twice.

Apparently from what I understand, they wanted to match up anyone who had a mental diagnosis or disability with also having a concealed carry license, the Columbia Daily Tribune reports Republican state Sen. Kurt Schaefer as saying. What I am told is there is no written request for that information.

Clerk Jacobs has established a solid set of evidence and testimony that will make the litigation against the State very hard for them to support.

I think that by pointing to the Governor and the Legislature on a radio program he has provided those who didn't want to see a closed door piece of legislation rammed through the State's legislative body by the governor with lots of political ambition.

As such I would wager that the Clerk Jacobs is not on a variety of Democratic party shit-lists.

I think he likely has done all the people of NY a favor and that he has potentially attempted to save the bacon of his County from litigation and further embarrassment.

It will be interesting if other false 2nd amendment affronts keep happening.

42
posted on 04/11/2013 1:19:12 PM PDT
by Robert357
(D.Rather "Hoist with his own petard!" www.freerepublic.com/focus/f-news/1223916/posts)

When I first read of this a couple days ago, the story said there were four groups of people specifically empowered to release information (violate HIPAA) about psychiatric care to the authorities: Psychiatrists, Psychologists, Registered Nurses and Social Workers. I suspected immediately the RN in the office of the Doc who prescribed the antidepressant a year previous. Nothing reported has changed my humble opinion on the matter. The busybody RN did it.

Lewis’ lawyer understands the nub of the problem here, and that’s the violation of HIPAA outlined in the law. I do have a bit of a problem with the attorney advising his client to turn over the weapons while the court battle was going on. I would have found another way to get them out of the equation.

Somebody *is* going to get the carp sued out of them. Let’s see who.

44
posted on 04/11/2013 1:40:29 PM PDT
by Cyber Liberty
(I am a dissident. Will you join me? My name is John....)

...someone whose permit should be suspended because of the new mental health provisions in New Yorks SAFE Act,...

Apparently this provision supersedes due process and it's not necessary to have a court adjudicate someone mentally incompetent in order to take their guns. The Toomey-Manchin compromise does pretty much the same thing.

47
posted on 04/11/2013 2:25:27 PM PDT
by TigersEye
(The irresponsible should not be leading the responsible.)

The most foolish mistake we could possibly make would be to permit the conquered Eastern peoples to have arms. History teaches that all conquerors who have allowed their subject races to carry arms have prepared their own downfall by doing so.]

And again...(I just sent it to everyone in my email address book, too)

This year will go down in history for the first time a civilized nation has full gun registration. Our streets will be safer, our police more efficient, and the world will follow our lead into the future.

Adolph Hitler (1935 Weapons Act of Nazi Germany)

50
posted on 04/11/2013 3:00:26 PM PDT
by GGpaX4DumpedTea
(I am a Tea Party descendant...steeped in the Constitutional Republic given to us by the Founders.)

Disclaimer:
Opinions posted on Free Republic are those of the individual
posters and do not necessarily represent the opinion of Free Republic or its
management. All materials posted herein are protected by copyright law and the
exemption for fair use of copyrighted works.